2015 New Mexico Statutes
Chapter 30 - Criminal Offenses
Section 2 Homicide
Section 30-2-5 Excusable homicide.
30-2-5. Excusable homicide.
Homicide is excusable in the following cases:
A. when committed by accident or misfortune in doing any lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent; or
B. when committed by accident or misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, if no undue advantage is taken, nor any dangerous weapon used and the killing is not done in a cruel or unusual manner.
History: 1953 Comp., 40A-2-6, enacted by Laws 1963, ch. 303, 2-6.
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